Women's Rights in Armed Conflict under International Law

The first book to account for the pluralism and institutional diversity of women's rights in armed conflict under international law. It identifies key aspects of how different regimes regulate women's rights and how they interact, using country case studies to reveal the practical implications of fragmented protection.

Format: Paperback / softback
Length: 417 pages
Publication date: 24 February 2022
Publisher: Cambridge University Press

Laws and norms that specifically address the lives of women in conflict have emerged across various regimes of international humanitarian law, international criminal law, international human rights law, and the United Nations Security Council. While these institutions operate as separate entities with distinct monitoring and enforcement powers, their activities often intersect. Women's Rights in Armed Conflict under International Law is the first comprehensive book to explore this multifaceted pluralism and institutional diversity. It identifies key aspects of how different regimes govern women's rights in conflict and how they interact with each other. Through the use of country case studies, this book sheds light on the practical implications of the fragmented protection of women's rights in conflict. It offers a dynamic account of how regimes and institutions interplay, the extent to which they reinforce each other, and the tensions and gaps in regulation that arise.

International humanitarian law (IHL) is a branch of law that governs the conduct of parties during armed conflicts, with the aim of protecting and promoting the rights and welfare of civilians. It includes a range of legal principles and regulations that apply to all parties to a conflict, regardless of their nationality or allegiance. One of the key principles of IHL is the principle of distinction, which requires parties to distinguish between combatants and civilians during an armed conflict. This principle is designed to minimize the harm and suffering inflicted on civilians by ensuring that military operations are targeted only at military targets.

Another important principle of IHL is the principle of proportionality, which requires that military actions be proportionate to the military objective. This means that military actions must be limited in scope and duration to the extent necessary to achieve the military objective, and that they must avoid causing unnecessary harm to civilians. The principle of proportionality is particularly important in the context of sexual violence in armed conflicts, as it requires that military actions be taken to prevent and respond to sexual violence against women and girls.

The International Criminal Court (ICC) is an international tribunal that prosecutes individuals for the most serious crimes of international concern, including war crimes, genocide, and crimes against humanity. The ICC has played a significant role in promoting the protection of women's rights in armed conflicts. For example, in the case of the Prosecutor v. Thomas Lubanga Dyilo, the ICC convicted the former leader of the Democratic Republic of the Congo of war crimes and crimes against humanity, including the use of child soldiers and sexual violence against women and girls.

International human rights law (IHRL) is a branch of law that protects the rights and freedoms of individuals worldwide, regardless of their nationality or location. IHRL includes a range of legal principles and regulations that address a wide range of human rights, including the right to life, the right to freedom from torture, the right to freedom of expression, and the right to equality between men and women. IHRL also includes specific provisions that protect women's rights in armed conflicts, such as the right to be free from sexual violence, the right to access healthcare, and the right to education.

The United Nations Security Council (UNSC) is a body of the United Nations that is responsible for the maintenance of international peace and security. The UNSC has played a significant role in promoting the protection of women's rights in armed conflicts through its resolution 1325, which was adopted in 2000. Resolution 1325 recognizes the unique vulnerabilities of women and girls in armed conflicts and calls upon all parties to take specific measures to protect them, including the prevention of sexual violence, the protection of women's rights defenders, and the provision of humanitarian assistance to women and girls affected by armed conflicts.

Despite these legal frameworks and institutions, women's rights in armed conflicts continue to be a significant concern. Women and girls are often the targets of sexual violence, and they are often excluded from decision-making processes and marginalized in post-conflict reconstruction efforts. Women's rights defenders are also at risk of violence and intimidation, and they play a critical role in promoting women's rights in armed conflicts.

To address these challenges, there is a need for increased awareness and advocacy for women's rights in armed conflicts. This includes the need for increased funding for women's rights organizations and the provision of training and support to women's rights defenders. It also includes the need for increased political will and commitment to the protection of women's rights in armed conflicts, including the use of targeted sanctions and the prosecution of individuals who commit crimes against women in armed conflicts.

In conclusion, women's rights in armed conflicts are a complex and multifaceted issue that requires a comprehensive and coordinated response from the international community. The legal frameworks and institutions that exist to protect women's rights in armed conflicts are important, but they must be implemented effectively and in conjunction with other efforts to promote women's rights and address the underlying causes of armed conflicts. By working together, we can help to ensure that women's rights are protected and promoted in all contexts, including armed conflicts.

Weight: 608g
Dimension: 229 x 151 x 27 (mm)
ISBN-13: 9781108464109
Edition number: New ed